Best Sexual Harassment Lawyers in Helena

About Sexual Harassment Law in Helena, United States:

Sexual Harassment in Helena, Montana, United States, is a serious issue. This is regulated under Title VII of the Civil Rights Act of 1964 at the federal level and through the Montana Human Rights Act at the state level. Both Acts prohibit an employer from discriminating on the basis of sex, which includes sexual harassment. Sexual harassment can include unwelcome sexual advances, request for sexual favors, or other verbal or physical harassment of a sexual nature.

Why You May Need a Lawyer:

You may need a lawyer to help you understand your rights, in situations such as proving that the harassment occurred, deciding whether to file an administrative complaint or a lawsuit, or navigating through settlement negotiations. Legal help is also important when dealing with retaliation from an employer after you have reported sexual harassment, understanding the implications of signing any agreements, or dealing with complex workplace dynamics where power imbalances exist.

Local Laws Overview:

In Helena, the Montana Human Rights Act protects individuals from sexual harassment in the workplace. Under this Act, sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This applies to behavior that either explicitly or implicitly affects an individual's employment, interferes with their performance, or creates an intimidating, hostile or offensive work environment.

Frequently Asked Questions:

What is considered sexual harassment?

Sexual harassment includes unwanted sexual advances, requests for sexual favors, and other verbal or physical harassment that is sexual in nature. Sexual harassment can occur in various circumstances, including quid pro quo harassment, in which employment decisions are based on how the victim responds to the harasser's sexual requests, and hostile work environment, where harassment creates an abusive working environment.

What should I do if I am being sexually harassed?

If you feel comfortable and safe, directly tell the person that their actions are unwelcome and need to stop. Keep records of these incidents and also report the harassment to your employer or human resource department. You should also consider consulting with an attorney.

What if I experience retaliation after reporting sexual harassment?

Retaliation is illegal under both federal and Montana state law. If you face retaliation after reporting sexual harassment, it is important to document these incidents and seek legal advice.

What is the statute of limitations for filing a sexual harassment complaint?

In Montana, you typically have 180 days from the incident date to file a complaint with the Montana Human Rights Bureau. However, circumstances can sometimes extend this deadline, so it is always best to take action as soon as possible.

Can I sue my employer for sexual harassment?

Yes, if your employer knew or should have known about the harassment and did not take prompt and appropriate action to stop it, you can potentially sue your employer.

Additional Resources:

For more assistance or resources relating to sexual harassment, you can contact the following organizations:

• The Montana Department of Labor and Industry (DLI)
• The Montana Human Rights Bureau (HRB)
• The U.S. Equal Employment Opportunity Commission (EEOC)

Next Steps:

If you need legal assistance in a sexual harassment situation, consider doing the following:

• Document your experiences: Keep a detailed record of each incident, noting date, time, location, individuals involved, and any witnesses.
• Report the incidence: If your workplace has a procedure for reporting sexual harassment, follow it.
• Consult an attorney: An attorney can guide you through the complexities of your case and help protect your rights.
• Contact HRB or EEOC: File a complaint with either the Human Rights Bureau in Montana or the Equal Employment Opportunity Commission as soon as possible.